JUDGMENT :

1. The Petitioner – Cineom Broadcast India Ltd., has filed this Petition being aggrieved by the technical glitch preventing submission and uploading of “Packets – B & C” documents of Petitioner’s bid for the Project of Supply, Installation, Testing, Commissioning, Operation and Maintenance of Virtual Classrooms for Virtual Training Centres (VTC) and Studios (the “Project”) for the Respondent-Municipal Corporation’s Schools for a period of five years on VSAT Technology under Tender No.7200025560 (the “Tender”) issued on 17th January, 2022 by the Respondent- Corporation.

2. It is the case of Petitioner that it had on 16th May, 2022 successfully made EMD Payments of Rs.1,82,91,500/- through MCGM Portal. As per the Tender, the bidding process involved submission of Pre-Qualification Folder (Packet-A) ; Technical Bid Folder (Packet-B) and ; Commercial Bid Folder (Packet-C). On 17th May, 2022, Petitioner uploaded Packet-A documents on the E-Portal which was the only mode of submitting the bid. However, after Packet-A, Petitioner attempted to upload Packet-B, on the same day but was unable to do so because of technical malfunctions of the Portal. Again on 18th May, 2022, Petitioner tried to upload Packet-B on the Portal, however, the Portal showed the error “No user certificate available”. Thereafter, on 18th May, 2022 itself, Petitioner contacted the Help Centre and also wrote email to the Respondent- Corporation about the the issue on the Portal and the errors / malfunction as well as for extension of two days at 3.57 p.m., before the cut-off time for submission of the bids but did not receive any response. On 19th May, 2022, Petitioner submitted request to the Education Officer of the Respondent-Corporation for extension of time but no response was received. As per the Tender and the corrigenda issued from time to time thereafter, the Technical Proposals i.e. Packet-A and Packet-B were opened on 19th May, 2022, but Petitioner did not feature in the list of bidders. Thereafter, on 20th May, 2022, Petitioner wrote a letter to the Grievance Committee seeking redressal by putting forth its case regarding the technical malfunction faced by it. However, since there was no response, this Petition came to be filed on 23rd May, 2022 as the technical presentations would take place on 24th May, 2022 upto 2.30 p.m., while the financial proposals (Packet-C) would be opened on 27th May, 2022.

3. On 23rd of May, 2022 when this matter was mentioned for circulation, this Court had while granting circulation for today permitted Petitioner to file “Packets – B and C” in a sealed cover as it was mentioned that the technical presentations would be on 24th May, 2022 and the financial bids would be opened on 27th May, 2022.

4. Mr.Venkatesh Dhond, learned Senior Counsel on behalf of Petitioner would submit that the error shown against the Petitioner by the Portal was clearly a technical malfunction at the behest and at the end of Respondent which could not have been rectified by the Petitioner. He would submit that the Petitioner on receiving such an error and after continuous effort, promptly reached out to Respondent appraising them of the error but Respondent failed to even acknowledge let alone respond to the Petitioner. That Respondent on previous occasions had extended the time eight times without assigning any reasons. However, it did not extend the time despite complete non-functioning of the Portal for over sixteen hours till the end time i.e. 4.00 p.m., on 18th May, 2022 thereby resulting in the loss of significant time period which was promised in the bid resulting in complete denial of opportunity to the Petitioner to trade and participate in the bid process. He submits that on 20th May, 2022, Petitioner also wrote a letter to the Grievance Committee putting forth all the facts with respect to the technical glitch faced by it, but neither the Respondent-Corporation has replied to the said communication nor resolved the grievance of Pet